Tuesday, 23 November 2010

Prisoner Wins €17,000 Damages After Turkey Human Rights Breach

On 23 November, the European Court of Human Rights gave written notice of its judgement in the case of Akalın v. Turkey (no. 23480/06)

The applicant, Nuri Akalın, is a Turkish national who was born in 1977 and is currently detained in Kandıra Prison (Turkey). Arrested in 1997 on suspicion of being a member of an illegal organisation, he was convicted in 2002 by a state security court of attempting to undermine the constitutional order under the criminal code in force at the time.

His case was resumed after state security courts had been abolished in Turkey in 2004, but his request for release was dismissed and he was again convicted in April 2009. The appeal proceedings are still pending.

Relying on Article 5 §§ 3 and 4 (right to liberty and security) the applicant complained of the length of his detention in police custody and of his pre-trial detention. Relying on Article 6 § 1 (right to a fair trial within a reasonable time) he complained that the length of the criminal proceedings against him had been unreasonable.

Violation of Article 5 §§ 3 and 4

Violation of Article 6 § 1 (length)

Just satisfaction: EUR 17,200 (non-pecuniary damage) and EUR 1,000 (costs and expenses)

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